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SPORTSPLEX PROPERTY Patton, Harris, Rust & Associates
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LOCATION MAP 117 E. Picadilly St. Winchester, Virginia 22601
ab o Q VOICE: (540) 667 -2139 FAX: (540) 665 -0493
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VOICE: (540) 667-2139
Winchester, Virginia 22601
FAX: (540) 665-0493
FREDERICK COUNTY,
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tXhibit
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Department of Planning and Development
540/665 -5651
FAX: 540/665-6395
February 13, 2009
Mr. Patrick Sowers
Patton Harris Rust & Associates
117 E. Piccadilly St.
Winchester, VA 22601
RE: REZONING 016 -08, SPORTSPLEX
Dear Patrick:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of February 11, 2009. The above - referenced application was approved to rezone 6.02 acres
from the B3 (Industrial Transition Business) District to the B2 (General Business) District with
proffers for commercial use. The property is located on Commonwealth Court (Route 1 167) west and
adjacent to Interstate 81, in the Shawnee Magisterial District, and is identified with Property Identification
Number 75- A -91C.
The proffer, originally dated August 12, 2008, and last revised on December 23, 2008, that was
approved as a part of this rezoning application is unique to this property and is binding regardless of
ownership. Enclosed is a copy of the adopted proffer statement for your records.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
Candice E. Perkins, AICP
Senior Planner
CEP/bad
Attachment
cc: Ronald Hodgson, Hodgson Construction, LLC, 1180 Apple Pie Ridge Rd., Winchester,
VA 22603
Gene Fisher, Shawnee Magisterial District Supervisor
Lawrence Ambrogi and H. Paige Manuel, Shawnee Magisterial District Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
REZONING APPLICATION #16 -08
SPORTSPLEX
Staff Report for the Board of Supervisors
Prepared: February 2, 2009
Staff Contact: Candice E. Perkins, AICP, Senior Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 01/21/09 Recommended Approval
Board of Supervisors: 02/11/09 Pending
PROPOSAL To rezone 6.02 acres from the B3 (Industrial Transition Business) District to the B2
(General Business) District with proffers for commercial use.
LOCATION The property is located on Commonwealth Court (Route 1167) west and adjacent to
Interstate 81.
MAGISTERIAL DISTRICT Shawnee
PROPERTY ID NUMBER: 75 -A -91C
PROPERTY ZONING B3 (Industrial Transition)
PRESENT USE Sportsplex - Commercial Indoor Recreation
ADJOINING PROPERTY ZONING & PRESENT USE
North:
M2 (Industrial General)
Use:
Industrial
South:
B2 (Business General)
Use:
Commercial
East:
N/A
Use:
Interstate 81
West:
B3 (Industrial Transition)
Use:
Commercial
PROPOSED USES Commercial Use
Rezoning # 16 -08 — Sportsplex
February 2, 2009
Page 2
REVIEW EVALUATIONS:
Virginia Department of Transportation: VDOT has no objection to the revised proffer statement
other than revising the first sentence of Proffer 1.2 to: Within 90 days ofreceiving written requestfrom
Frederick County and VDOT, the applicant shall dedicate, at no cost, additional right -of -way across
the property frontage with Interstate 81 in conformance with....
StaffNote: Proffer 1.2 has been revised to address this comment.
Fire Marshall: Plan approval recommended.
Public Works: We have no comments concerning the proposed rezoning.
Inspections: No comment at this time.
Sanitation Authority: There is sufficient sewer and water capacity to serve this project.
Service Authority: No comments.
Health Department: No objection based on the contents of the submittal.
Geographic Information Services (GIS): No additional road names are required at this time. If
additional structure numbers are required, please contact Frederick County IT Department.
Parks & Recreation: No comment
Historic Resources Advisory Board: It appears that the proposal does not significantly impact
historic resources and it is not necessary to schedule a formal review of the rezoning application by the
HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located
on the property nor are there any possible historic districts in the vicinity. It was also noted that the
National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core
battlefield within this area.
Parks & Recreation: No comment.
Winchester Regional Airport: It appears that it will not impact operations at the Winchester Regional
Airport.
Frederick County Public Schools: We offer no comments.
Frederick County Attornev: Please see attached letter dated December 8, 2008 from Roderick B.
Williams, County Attorney.
Planning Department: Please see attached letter dated August 20, 2008 from Candice E. Perkins,
Rezoning #16-08 — Sportsplex
February 2, 2009
Page 3
Senior Planner.
Planning & Zoning:
1) Site History
The Frederick County Planning Department administratively approved the Commonwealth
Business Center Master Development Plan on July 19, 1999. Previously, the Board of
Supervisors approved the plan on July 14, 1999. The Commonwealth Business Center Master
Development Plan called for the industrial /commercial development of an Industrial Park on a
37 acre site.
2) Comprehensive Policv Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1]
Land Use
The parcel for which this rezoning is being requested is located within the County's Urban
Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban
Development Area and Sewer and Water Service Area define the general area in which more
intensive forms of planned commercial and industrial development will occur. In addition, the
Eastern Frederick County Long Range Land Use Plan identifies this area with a
Business /Commercial land use designation. Therefore the existing 133 Zoning and the proposed
B2 Zoning is consistent with the Comprehensive Plan.
Site Access
The site is currently and will continue to be accessed off of Commonwealth Court (Route 1167).
3) Proffer Statement - Dated August 12, 2008; Revised October 3, 2008, October 22, 2008,
November 25, 2008 and December 23, 2008:
Site Development
1.1 Should the existing use of the site cease as "Amusement and recreation services
operated indoors" and a new primary use is proposed that would generate an Average
Daily Trip (ADT) count that would exceed the existing use per the ITE Trip Generation
Manual the Applicant shall prepare a Traffic Impact Analysis in accordance with
VDOT standards and shall provide a pro -rata share of the transportation improvements.
The pro -rata share of transportation improvements shall be based upon the percentage of
future traffic growth caused by the Property as determined by the TIA and verified by
Frederick County and VDOT for acceptable Levels of Service at subject intersections.
'I he aforementioned pro -rata share of transportation improvements may be in the form
of constructed improvements and /or monetary contribution which shall be provided by
Rezoning #16 -08 — Sportsptex
February 2, 2009
Page 4
the Application to Frederick County prior to operation of any future primary use for the
Property that would necessitate the completion of a TIA as indentified.
1.2 Within 90 days of receiving written notice from Frederick County and VDOT, the
Applicant shall dedicate, at no cost, additional right -or way across the Property frontage
within Interstate 81 in conformance with the exhibit dated November 18, 2008.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/21/09 MEETING
Planning Commissioners inquired who would be responsible for placing the required buffers between
adjacent properties. Staff replied that the buffer adjacent to the M2 -zoned property (Hood) is already in
place and the applicant would be responsible for the buffer next to the adjacent B3 -zoned property,
which is currently vacant. A Commissioner questioned if there were any B2 uses that would not be
appropriate for this location. Staff noted that traffic would be the only issue and if the applicant
discontinued the indoor recreation use and requested a different use with a much higher trip generation,
a TIA would be required, along with transportation improvements and review by the Planning
Commission.
The applicant stated their assurances that if a heavier trip generator were to be established on the
property once it is rezoned, their proffer would allow for a TIA and mitigation of any additional
impacts. The applicant stated they have satisfied VDOT with their proposal for right -of -way dedication
along I -81. The applicant also understood they would have to provide a Category B Buffer for the
adjacent B3 -zoned property and a minor site plan revision would be required to accommodate that
requirement.
There were no public comments.
Members of the Planning Commission commented there is no additional property that could be
developed here; the rezoning action will simply provide the applicant with the ability to place a daycare
center. The Planning Commission unanimously recommended approval of the rezoning request with
the applicant's proffers stating that if a change of use occurred, the applicant would be responsible for a
TIA and mitigation of additional impacts.
(Note: Commissioner Ours was absent for this item; Commissioner Kriz was absent from the meeting.)
STAFF CONCLUSIONS FOR 02/11/09 BOARD OF SUPERVISORS MEETING:
This is an application to rezone 6.02 acres from the B3 (Industrial Transition) District to the B2
(Business General) District with proffers. The land use proposed in this application is consistent with
the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use
Plan. The Planning Commission has forwarded a recommendation for approval.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
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Map Document (F \_t_Lomtor tdps12008 18ponsplex_REZ1608_122408.mxd) 1212412008 -- 120144 AM
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REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
The following information shall be provided by the applicant'
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicants:
Name: Patton Harris Rust & Associates Telephone: ( 667.2139
c/o Patrick Sowers
Address: 117 East Piccadilly Street
Winchester Virginia 22601
E
2. Property Owner (if different than above)
Name: Hodgson Construction, LLC Telephone: (540) 868 -2200
c/o Ronald Hodgson
Address: 1180 Apple Pie Ridge Rd
Winchester, VA 22603
3. Contact person(s) if other than above
Name: Patrick Sowers Telephone: (540) 667.2139
4. Checklist: Check the following items that have been included with this application.
Location Map X Agency Comments X
Plat X Fees X
Deed of property X Impact Analysis Statement X
Verification of taxes paid X Proffer Statement X
0
5. The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Hodgson Construction, LLC
Ronald Hodgson
6. A) Current Use of the Property: B3 — Indoor Recreation with associated B3 uses
B) Proposed Use of the Property: B2 — Indoor Recreation with associated B2 uses
7. Adjoining Property: SEE ATTACHED
8. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers).
The Property is located at the existing terminus of Commonwealth Court (Rt
1167) west and adjacent to Interstate 81 in the Shawnee Magisterial District.
40 In order for the Planning Staff to use its capital facilities impact model, it is necessary for the
applicant to provide information concerning the specifics of the proposed use. Otherwise, the
planning staff will use the maximum possible density of intensity scenario for the proposed Zoning
District as described on page 9 of the application package.
9. Parcel Identification /Location: Parcel Identification Number: 75 -A -91C
Districts
Magisterial:
Fire Service:
Rescue Service:
Shawnee
Stephens City
Stephens City
High School:
Middle School:
Elementary School:
James Wood
Orchard View
Sherando
10. Zoning Change: List the acreage included in each new zoning category being requested.
Acres
Current Zoning
Zoning Requested
6.02
B3
B2
6.02
Total acreage to be rezoned
40
2
0 0
11. The following information should be provided according to the type of rezoning proposed:
Number of Units Proposed
Single Family Home Townhome Multi - Family
Non - Residential Lots Mobile Home Hotel Rooms
Square Footage of Proposed Uses
Office
Retail
Restaurant
12. Signature:
Service Station
Manufacturing
Flex - Warehouse
Other
Indoor Recreation and
associated commercial
uses— 100,000 sr
I (we), the undersigned, do hereby respectfully make application and petition the Frederick County
Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick
County, Virginia. I (we) authorize Frederick County officials to enter the property for site
inspection purposes.
• I (we) understand that the sign issued when this application is submitted must be placed at the front
property line at least seven days prior to the Planning Commission public hearing and the Board of
Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the
hearing.
I (we) hereby certify that this application an its accompanying materials are true and accurate to
the best of my (our
Applicant(s) Date
•
3
9
0 Adjoining Property Owners — Sportsplex
•
Owners of property adjoining the land will be notified of the Planning Commission and the Board
of Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right -of -way, a private right -of -way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2 n° floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name
Address
Property Identification
Number (PIN)
Name:
The MLR Companies LLC
185 Commonwealth Court
Property #:
75 -A -911
Winchester, VA 22602
Name:
HP Hood Inc. arm: Sally Sevier
6 Kimball Ln
Property #:
63 -A -86A
Lynnfeild, MA 01940
Name:
Ronald Simkhovitch
2929 Valley Ave
Property #:
44 -1 -A
Winchester, VA 22601
Name:
Nicholas & Brenda Pinchot
2613 Martinsburg Pike
Property #:
4413-1 -12C
Stephenson, VA 22656
Name:
Glaize Developments, Inc.
P.O. Box 888
Property #:
75 -A -91
Winchester, VA 22604
Name:
Glaize Developments, Inc.
P.O. Box 888
Property
75 -A -90
Winchester, VA 22604
KTJ Limited Partnership 133
Name:
c/o Oppidon Investment Co
5125 City Rd 101, # 100
Property #:
75 -A -91K
Minnetonka, MN 55345
Rainier GMVA10 LLC
Name:
c/o Rainier Properties LP
13760 Noel Rd, Ste 800
Property #:
75 -A -91 B
Dallas, TX 75240
Name:
Property #:
Name:
Property #:
Name:
Property #:
Name:
Property #:
Name:
Property #:
49
0 0
Department of Planning & Development, County of Frederick, Virginia,
107 North Kent Street, Winchester, Virginia 22601
Phone 540 -665 -5651 Facsimile 540-665-6395
Know All Men By Those Present: That I (We)
(Name) Hodgson Construction, LLC (Phone) 540.868.2200
(Address) 1180 Apple Pie Ridge Rd, Winchester, VA 22603
the owner(s) of all those tracts or parcels of land ( "Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument Number: 020018080 and is described as
Tax Map Parcel 75 -A -91 C Subdivision:
do hereby make, constitute and appoint:
(Name) Patton Harris Rust & Associates (Phone) 540.667.2139
lo dress) 117E. Piccadilly Street, Suite 200, Winchester, Virginia 22601
act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including
X Rezoning (including proffers)
_ Conditional Use Permits
Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered
conditions except as follows:
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, I (we) have hereto set my (our) hand and seal this 3 day of O-J , 200
State of Virginia, City/Geunty of
I, iiacle.+'iYee, BtrAY00 �allotary Publicinandforthejurisdiction
aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me
and has acknowledged the same before me in the jurisdiction aforesaid this a f1d day of Oe1 , 200 S.
P tig J "
/I 0_c> a;o_e m & QAAIr My Commission Expires
•tary Public
• •
REZONING APPLICATION 416 -08
SPORTSPLEX.
Staff Report for the Board of Supervisors
Prepared: February 2, 2009
Staff Contact: Candice E. Perkins, AICP, Senior Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 01/21/09 Recommended Approval
Board of Supervisors: 02 /11/09 Pending
PROPOSAL To rezone 6.02 acres from the B3 (Industrial Transition Business) District to the B2
(General Business) District with proffers for commercial use.
LOCATION The property is located on Commonwealth Court (Route 1167) west and adjacent to
Interstate 81.
MAGISTERIAL DISTRICT Shawnee
PROPERTY ID NUMBER: 75 -A -91C
PROPERTY ZONING B3 (Industrial Transition)
PRESENT USE Sportsplex - Commercial indoor Recreation
ADJOINING PROPERTY ZONING & PRESENT USE
North:
M2 (Industrial General)
Use:
Industrial
South:
B2 (Business General)
Use:
Commercial
East:
N/A
Use:
Interstate 81
West:
B3 (Industrial Transition)
Use:
Commercial
PROPOSED USES Commercial Use
0 0
Rezoning #16 -08 — Sportsplex
February 2, 2009
Page 2
REVIEW EVALUATIONS:
Virginia Department of Transportation: VDOT has no objection to the revised proffer statement
other than revising the first sentence of Proffer 1.2 to: Within 90 days of receiving written request
Frederick County and VDOT, the applicant shall dedicate, at no cost, additional right -of- -way across
the property frontage with Interstate 81 in conformance with....
Staff Note: Proffer 1.2 has been revised to address this comment.
Fire Marshall: Plan approval recommended.
Public Works: We have no comments concerning the proposed rezoning.
Inspections: No comment at this time.
Sanitation Authority: There is sufficient sewer and water capacity to serve this project.
Service Authoritv: No comments.
Health Department: No objection based on the contents of the submittal.
Geographic Information Services (GIS): No additional road names are required at this time. If
additional structure numbers are required, please contact Frederick County IT Department.
Parks & Recreation: No comment
Historic Resources Advisory Board: It appears that the proposal does not significantly impact
historic resources and it is not necessary to schedule a formal review of the rezoning application by the
HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located
on the property nor are there any possible historic districts in the vicinity. It was also noted that the
National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core
battlefield within this area.
Parks & Recreation: No comment.
Winchester Regional Airport: It appears that it will not impact operations at the Winchester Regional
Airport.
Frederick County Public Schools: We offer no comments.
Frederick Countv Attorney: Please see attached letter dated December 8, 2008 from Roderick B.
Williams, County Attorney.
Planning Department: Please see attached letter dated August 20, 2008 from Candice E. Perkins,
9 0
Rezoning # 16 -08 — Sportsplex
February 2, 2009
Page 3
Senior Planner.
Planning & Zoning:
1) Site History
The Frederick County Planning Department administratively approved the Commonwealth
Business Center Master Development Plan on July 19, 1999. Previously, the Board of
Supervisors approved the plan on July 14, 1999. The Commonwealth Business Center Master
Development Plan called for the industrial /commercial development of an Industrial Park on a
37 acre site.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1]
Land Use
The parcel for which this rezoning is being requested is located within the County's Urban
Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban
Development Area and Sewer and Water Service Area define the general area in which more
intensive forms of planned commercial and industrial development will occur. In addition, the
Eastern Frederick County Long Range Land Use Plan identifies this area with a
Business /Commercial land use designation. Therefore the existing B3 Zoning and the proposed
B2 Zoning is consistent with the Comprehensive Plan.
Site Access
The site is currently and will continue to be accessed off of Commonwealth Court (Route 1167).
3) Proffer Statement - Dated August 12, 2008; Revised October 3, 2008, October 22, 2008,
November 25, 2008 and December 23, 2008:
Site Development
1.1 Should the existing use of the site cease as "Amusement and recreation services
operated indoors" and a new primary use is proposed that would generate an Average
Daily Trip (ADT) count that would exceed the existing use per the ITE Trip Generation
Manual the Applicant shall prepare a Traffic Impact Analysis in accordance with
VDOT standards and shall provide a pro -rata share of the transportation improvements.
The pro -rata share of transportation improvements shall be based upon the percentage of
future traffic growth caused by the Property as determined by the TIA and verified by
Frederick County and VDOT for acceptable Levels of Service at subject intersections.
The aforementioned pro -rata share of transportation improvements may be in the form
of constructed improvements and /or monetary contribution which shall be provided by
0 0
Rezoning # 16 -08 — Sponsplex
February 2, 2009
Page 4
the Application to Frederick County prior to operation of any future primary use for the
Property that would necessitate the completion of a TIA as indentified.
1.2 Within 90 days of receiving written notice from Frederick County and VDOT, the
Applicant shall dedicate, at no cost, additional right -or way across the Property frontage
within Interstate 81 in conformance with the exhibit dated November 18, 2008.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/21/09 MEETING
Planning Commissioners inquired who would be responsible for placing the required buffers between
adjacent properties. Staff replied that the buffer adjacent to the M2 -zoned property (Hood) is already in
place and the applicant would be responsible for the buffer next to the adjacent 133 -zoned property,
which is currently vacant. A Commissioner questioned if there were any B2 uses that would not be
appropriate for this location. Staff noted that traffic would be the only issue and if the applicant
discontinued the indoor recreation use and requested a different use with a much higher trip generation,
a TIA would be required, along with transportation improvements and review by the Planning
Commission.
The applicant stated their assurances that if a heavier trip generator were to be established on the
property once it is rezoned, their proffer would allow for a TIA and mitigation of any additional
impacts. The applicant stated they have satisfied V DOT with their proposal for right -of -way dedication
along I -81. The applicant also understood they would have to provide a Category B Buffer for the
adjacent 133 -zoned property and a minor site plan revision would be required to accommodate that
requirement.
There were no public comments.
Members of the Planning Commission commented there is no additional property that could be
developed here; the rezoning action will simply provide the applicant with the ability to place a daycare
center. The Planning Commission unanimously recommended approval of the rezoning request with
the applicant's proffers stating that if a change of use occurred, the applicant would be responsible for a
TIA and mitigation of additional impacts.
(Note: Commissioner Ours was absent for this item; Commissioner Kriz was absent from the meeting.)
STAFF CONCLUSIONS FOR 02/11/09 BOARD OF SUPERVISORS MEETING:
This is an application to rezone 6.02 acres from the B3 (Industrial Transition) District to the B2
(Business General) District with proffers. The land use proposed in this application is consistent with
the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use
Plan. The Planning Commission has forwarded a recommendation for approval.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
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Rezoning # 16 -09 — Sportsplex
January 6, 2009
Page 4
Property that would necessitate the completion of a TIA as indentified.
1.2 Within 90 days of receiving written notice from Frederick County and VDOT, the
Applicant shall dedicate, at no cost, additional right -or way across the Property frontage
within Interstate 81 in conformance with the exhibit dated November 18, 2008.
STAFF CONCLUSIONS FOR 01/21/09 PLANNING COMMISSION MEETING:
This is an application to rezone 6.02 acres from the B3 (Industrial Transition) District to the B2
(Business General) District with proffers. The land use proposed in this application is consistent with
the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use
Plan.
A recommendation by the Plannin Commission to the Board of Supervisors concerning this
rezoning- application would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.